The 787 battery failed written rules posted in the Federal register. Related to “fire onboard”. Not allowed.
The fix was to “contain” fire. It still violated the rule, but the continued violation was ignored.
Only one fact Boeing will answer to, post “fire” becoming acceptable on board.....
”...We decided not to disclose the presence of MCAS. We did not wish to overwhelm the average pilot....”
Average has nothing to do with the final verdict. US jurisprudence values one pre requisite among all others.
”Non disclosure is a “species of fraud...” “
The shortest path to ruin is failing to disclose a material fact, that bears on a contract: Commercial Carriage is a contract. Every paid passage is an ironclad contract.